Can a felon live with me if I own a gun?

UPDATED: Sep 30, 2022

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Can a felon live with me if I own a gun?

My boyfriend is in jail right now for parole violation. When he gets out in August he will be living with me. I’ve always wanted to get my gun permit but now think I might not be able to. His original charges 14 years ago involved guns. Can I get my permit and own a gun if he is in the house?

Asked on February 6, 2017 under Criminal Law, Connecticut


M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney

Answered 6 years ago | Contributor

Under the federal law, the felon need not literally have the gun on them. To be guilty, they must merely have what the law calls “constructive possession” of the firearm. This is when they have control over the place where the firearm is located; it is not required that the prohibited person plan to use the gun. Further, even under state law, if a felon is in the same residence where there guns are he can deemed to be in possession and can be arrested and convicted. Bottom line, if the felon can get access to the gun, they can be found in possession of it even if the gun is not theirs. At the very least, the gun should be locked up and they should not access to it (i.e. not have any way to get at it), although even then the authorities could try to cause trouble. That having been said, in some jurisdictions there is a procedure whereby a person convicted of certain felonies may petition in court to have a gun in their home. You should consult directly with an attorney in your area to discuss the details of your case and see whether or not you are eligible.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

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